18Q1014_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

M6700118Q1014 16-Nov-2017

b. TELEPHONE NUMBER

910-451-3094

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 27 Nov 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M67001

9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MARGARET A. VELEZ

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M2018118SU00054

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

M67001MARINE CORPS FIELD CONTRACTING SYS

ATTN: MARGARET VELEZ

PO BOX 8368

CAMP LEJEUNE NC 28547

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE M20181 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

M20181

CHRISTOPHER MCCLAIN

ATTN SUPO M20181

BLDG H23 ROOM 222

PSC BOX 20084

CAMP LEJEUNE NC 28542

TEL: 910-451-0056 FAX:

910-451-2332FAX:

TEL: 910-451-3094

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$11,000,000

NAICS:

611699

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF40

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M6700118Q1014

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

TACTICAL COMBAT CASUALTY CARE TRAINING COURSE

FFP

TACTICAL COMBAT CASUALTY CARE (TCCC) TRAINING COURSE for

100 Marines and CEUs issued to 4 Corpsman in accordance with the Performance

Work Statement.

FOB: Destination

MILSTRIP: M2018118SU00054

PURCHASE REQUEST NUMBER: M2018118SU00054

NET AMT

PERFORMANCE WORK STATEMENT

Performance Work Statement for

TACTICAL COMBAT CASUALTY CARE (TCCC) TRAINING COURSE

1.0 Scope. The 26th MEU requires contracted support to provide its Marines and medical personnel with

Tactical Combat Casualty Care (TCCC) and AMT per this statement of work (PWS) in order to meet pre-deployment and annual training and certification requirements. This PWS addresses the instructional tasks required by 26th MEU. Contractor will be required to work closely with the 26th MEU to ensure all training is being met sufficiently.

2.0 Applicable Certifications:

2.1 USDA Class R Research Facility Certification

2.2 Vendor CAPCE Organizational Accreditation Documentation to demonstrate they are accredited to issue CE credits.

2.3 HQMC / BUMED & USSOCOM Final Approval Letter for ACTT & BCTT for USMC Forces

2.4 Vendor AAALAC Approval/Accreditation Documentation

3.0 Applicable Documents and References

3.1 NAVMC 3500.55 (Recon Training & Readiness Manual)

3.2 CG MCCDC letter dated 1 Jul 2011, Combat Trauma Training with Live Tissue Policy Guidance

3.3 MCICOM Policy Letter 4.14, Use of Animals for Training on Marine Corps Installations

3.4 MARADMIN 209/12

3.5 TCCC Committee Guidance on Tactical Combat Casualty Care dated 2 June 2014

3.6 The Animal Welfare Act 9 CFR

3.7 Pre-Hospital Trauma Life Support/Tactical Combat Casualty Care (PHTLS/TCCC) protocols as established by the American College of Surgeons Committee on Trauma, the National

Association of Emergency Medical Technicians

3.8 Emergency War Surgery (EWS) NATO Handbook

3.9 FM 21-11 First Aid for Soldiers

3.10 FM 8-10-1 TTP for Medical Company

3.11 MCRP 4-11.1 G Patient Movement

3.12 MCWP 4-11.2 Patient Movement

3.13 MCRP 3-02G First Aid

3.14 MCWP 4-11.1 Health Service Support Operations

3.15 NAVMED P-117 Manual of the Medical Department

3.16 NAVMED P-5010 Navy Sanitation

3.17 MCWP 4-11.1 Health Service Support Operations

3.18 NAVEDTRA 10670-C Hospital Corpsman 3&2

3.19 Advanced Trauma Life Support (ATLS). American College of Surgeons

3.20 FM 8-10-6 Medical Evacuation in a Theater of Operations

3.21 JT PUB 4-02.1 Joint Tactics, Techniques, and Procedures for Health Service Logistics Support in

Joint Operations

4.0 Approved Vendors. In accordance with MCCDC Combat Trauma Training with AMT Policy

Guidance, the contractor shall be currently certified in writing by the Headquarters, USMC Health

Services (HQMC-HS) to conduct the Combat Trauma Training /AMT at the levels described in this PWS.

The certification must be received and current upon submission of quote.

4.1 Contractor shall have all land permits and insurance coverage to support the legal conduct of this training at their facility or other facilities; all local, state, and federal permits pertaining to USDA

Approved Training; adhere to all applicable regulations for disposal of patient simulators, patient simulator products, other medical waste; ensure all participants adhere to all local, state and federal regulations

4.2 Contractor shall have CAPCE Accreditation with the ability to issue accredited CEUs upon course completion to those medical personnel who require it to maintain current Emergency Medical Technician

(EMT) certifications for career maintenance/advancement. This can be verified through their website at:

http://cecbems.org

4.3 Contractor shall meet all USDA, Animal Welfare Act 9 CFR, Institutional Animal Care and Use

Committee, BUMED/HQMC/TECOM/USSOCOM and approved protocols in conducting AMT.

4.4 Contractor shall submit a copy of approval letter from BUMED/HQMC/TECOM/USSOCOM to provide AMT upon quote submission.

5.0 General Requirement: The contractor shall provide Headquarters Marine Corps (HQMC) Health

Services approved training curriculum for Basic Combat Trauma Training (BCTT) through Advanced

Combat Trauma Training (ACTT) to one hundred (100) Marines and Navy personnel via a Mobile

Training Team (MTT).

5.1 Contractor shall provide all training resources (i.e., personnel, materials, facilities, training areas, supplies and equipment necessary to execute the training requirements.

5.5 Contractor shall provide all required Class VIII medical supplies for AMT training.

5.6 Contractor shall provide (2 per patient model) Combat Medical Systems Control Crics to conduct emergency cricothyroidotomy utilizing the Cric-Key technique for emergency surgical airway(s).

5.7 Contractor shall provide Comprehensive After Action Assessment of attending personnel performance within 30 days completion of the course.

5.8. Contractor shall provide CEU accreditation for 4 corpsman as required.

6.0 Specific Course Requirements.

6.1 Contractor shall provide a 2-day Tactical Combat Casualty Care (TCCC) with Advanced Medical

Training (AMT) per this PWS. Training shall include, but not be limited to, all the sub-components of

TCCC.

6.2 Training courses are required for up to One Hundred (100) United States Marine and Navy personnel.

6.3 Contractor shall replace live patient role models who expire prior to training at no extra cost.

6.4 A 5:1 student to instructor ratio is required for table top instruction and a 15:2 student to instructor ratio is required for scenario based evolution.

6.5 Contractor shall conduct two (2) evolutions of live tissue training consisting of two (2) table-top instruction evolutions consisting of: patient model familiarization, TCCC procedures, fundamentals (e.g.

treatments performed during each phase of CUF, TFC, TACEVAC) and proper treatments performed on live patient models led by instructors. This training will be conducted in the AM portion of two (2) training days and should provide all the necessary skills to successfully treat and manage the following afternoons COI. Two (2) advanced scenario based evolutions (also known as Trauma lane Scenarios) will follow depicting common wounding patterns found (e.g. GSW/Amputations/Blast wounds/Burns/Facial trauma/Fractures/evisceration/Tension Pneumothorax) and provide students the opportunity/facilities to work through each phase of TCCC (CUF, TFC, PFC, MEDEVAC). These evolutions will occur in the

PM portion of the evolution for a single platoon. Students will be required to manage all injuries consistent with those outlined in TCCC, those seen in combat, and the approved protocols, and to the level described in all pertinent directives.

6.6 Contractor shall conduct trauma scenarios based on the level of student training and experience.

6.7 The following specific skills must be covered in the prescribed order:

Training Day 1- AM 0900-1130

Table Top 50 Students

Training Day 1-PM 1230-1700

(2) Practical Applications of Advanced Trauma Scenarios

Training Day 2- AM 0900-1130

Table Top 50 Students

Training Day 2 -PM 1230-1700

(2) Practical Applications of Advanced Trauma Scenarios

7.0 Contractor Provided SME/Instructor Qualifications. Contractor qualifications must substantiate adequate experience and education to train combat casualty care in compliance with all regulations listed in this PWS. Contractor instructor personnel shall have minimum qualifications as follows:

7.1 Subject Matter Expertise (SME) in TCCC / USDAAT as well as, the Operational Medicine skills of the Special Forces Medic.

7.2 SME/Instructor shall be current or prior medic/corpsman qualified in one of the following

MOS's/NEC's/AFSC: 18D/68W-U-W1/68W-V-W1/ 8403/8427/8491/1T2X1(PJ). All instructors must have served in a special operations team, and have relevant combat experience. A special operations team is defined as 1 tour (1 - 3 years) with a FMF reconnaissance unit, Marine Special Operations Team

(MSOT), Army Special Forces team, Ranger or Special Troops Battalion, NSW Squadron time, Special

Tactics Squadron (STS). Relevant combat experience is defined as military operations performed in DOD designated combat zones, where the member received a combat action ribbon (or service equivalent) and campaign medal (e.g. GWOT/ACM/ICM/SWA); A valor award satisfies this requirement as well.

7.3 All medical instructors / monitors shall be vetted and certified by the contractor to conduct all aspects of training and compliance with the USDA to include USDAAT Training IAW the Animal

Welfare Act 9 CFR and approved protocols.

8.0 Minimum Contractor Material Requirements.

8.1 Contractor shall conduct medical product demonstrations of medical products pertinent to missions. (i.e.: hemostatic agents, tourniquets, chest dressings).

8.2 Contractor shall provide fifty (50) patient simulators with delivery and appropriate removal/disposal.

8.3 All USDAAT Models, Meds & Scenario Support Materials

8.4 Contractor shall provide (2 per patient model) Combat Medical Systems Control Crics to conduct emergency cricothyroidotomy utilizing the Cric-Key technique for emergency surgical airway(s).

9.0 Minimum Contractor Facility Requirements.

9.1 TCCC/AMT instruction must be in compliance with USMC Combat Trauma Training policy and performed at the contractor owned facility.

9.2 The contractor’s training facility shall be located no more than 40 miles of Camp Lejeune, North

Carolina.

9.3 The contractor’s facility may be leased or owned by contractor, and be a private location.

9.4 The contractor shall provide the address of the facility as well as aerial layout photos of training area to be reviewed upon quote submission. (i.e.: Google Earth Images)

9.5 Facility shall not have day/night noise restrictions due to type of training conducted.

9.6 Training area must comply with all local, state, and federal laws and regulation to provide for

AMT and scenario training on training days 1 and 2.

9.7 Contractor’s facility shall possess an animal containment area that has been approved by the

USDA for use in TCCC/AMT Training.

9.8 Contractor’s facility shall have an adequate tabletop area that is shaded and protected from any public view and is gated in order to prevent protestors and/or local population from peering into the venue due to the sensitivity of the training.

9.9 Contractor shall have all land permits and insurance coverage to support the legal conduct of this training at their facility or other facilities; all local, state, and federal permits pertaining to USDA

Approved Training; adhere to all applicable regulations for disposal of patient simulators, patient simulator products, other medical waste; ensure all participants adhere to all local, state and federal regulations.

9.10 The facility shall include readily accessible hand washing stations and adequate toilet facilities for up to 50 students, instructors and contracting staff. Hand washing stations must be separate from facilities used to wash equipment. Toilet facilities must be within 150 feet of the training site. There must be sufficient overhead cover to protect students from excessive environmental exposure (i.e.: sun/rain) during training and down time.

10.0 Government Provided Support

10.1 Unit specific requirements will be provided by the unit (i.e, combat load-out gear, weapons, and uniforms if needed).

10.2 Unit will provide transportation to and from the training site.

11.0 Government Point of Contact: Will be released upon contract award.

12.0 Period of Performance. The period of performance is 11 December 2017 - 12 December 2017.

13.0 Place of Performance. Training will be conducted at the contractor’s field training site.

14.0 CONTRACTOR'S UNAUTHORIZED WORK PERFORMANCE. The contractor shall not perform work that deviates from contract requirements and specifications. If the contractor deviates from contract requirements and specifications without approval of the CONTRACT

ADMINISTRATOR/OFFICER, such deviation shall be at the risk of the contractor and any cost related thereto shall be borne by the contractor.

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

The following factors shall be used to evaluate offers:

LOWEST PRICE TECHNICALLY ACCEPTABLE

The proposed acquisition is Full and Open competition for NAICS code 611699, All Other Miscellaneous

Schools and Instruction, and the size standard is $11.0 M.

System for Award Management: Offerors must be registered in the System for Award Management (SAM) database. Information on registering in SAM may be obtained by calling (866) 606-8220 or via the internet at http://www.sam.gov. The provision at 52.212-1, Instructions to Offerors - Commercial Items applies to this acquisition.

Wide Area Work Flow (WAWF) Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT): As a condition of receipt of a resulting order, the Contractor agrees to implement the Department of Defense web-based application WAWF iRAPT for invoicing and payment. Information on registering may be obtained from https://wawf.eb.mil/xhtml/unauth/registration/notice.xhtml.

The Government intends to award a single firm-fixed price contract on an “all or none” basis for all items. The

Government reserves the right to award without discussions, but reserves the right to engage in discussions if later determined to be in the best interest of the Government. This acquisition will be conducted in accordance with FAR

Part 12, Acquisition of Commercial Items and FAR 13, Simplified Acquisition Procedures.

BASIS OF AWARD: Award will be made on the basis of the lowest evaluated price meeting or exceeding the acceptability standards for non-cost factors. Lowest Price Technically Acceptable (LPTA) will be evaluated based on: (1) price; (2) technical capability of the item offered to meet the Government requirement; (3) Ability to meet the required period of performance; and (4) A satisfactory review of past performance.

Technical acceptability will be based on the demonstrated ability to meet the technical requirements as stated in the contract line items (CLINs) and performance work statement. A mere statement that the vendor “will meet the

Government’s requirements” is insufficient; the vendor must demonstrate how it will meet the requirement.

TECHNICAL ACCEPTABILITY: To ensure technical acceptability, vendor quotes shall include the following information:

a. Technical Capability:

Vendor AAALAC Approval/Accreditation Documentation.

HQMC / BUMED & USSOCOM Final Approval Letter for ACTT & BCTT for USMC Forces.

The contractor shall provide the address of the facility as well as aerial layout photos of training area to be reviewed upon quote submission. (i.e.: Google Earth Images)

b. Price: The price quote must reflect the best, all-inclusive total.

(Note: All prices must be actual “face-value” pricing having already accounted for any discounts offered and extended to the Government).

c. Period of Performance: 11 DEC – 12 DEC 2017 Quoters who cannot meet the required period of performance will not be considered technically acceptable.

d. Past Performance: The government will evaluate the contractor’s past performance, as reported on Past

Performance Information Retrieval System, www.ppirs.gov , in consideration of award.

PREPARATION OF QUOTE: Quotes submitted shall include the following:

(a) Technical Quote to include quoted period of performance.

http://www.ppirs.gov/

(b) Price Quote

(c) Completed FAR provision 52.212-3. 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) website accessed through https://www.sam.gov. If the offeror has not completed the annual representations and certification electronically, the offeror shall complete only paragraphs (c) through (r) of this provision.

(d) Provide the following: CAGE Code and DUNS Number.

SUBMISSION OF QUOTES: Quotes related to this RFQ shall be received by the Contracting Department within the date and time specified in Block 8 on the first page of this solicitation, to be considered for award. The information submitted shall be clear and legible.

Quotes may be submitted via email (no larger than 2MB) to margaret.velez@usmc.mil ; (PREFERRED

METHOD) or via hand delivery/courier to Contracting Department, Bldg. 1116, Camp Lejeune, NC 28542. It is solely the Contractor’s responsibility to ensure proposals are received within the required timeframe.

(End of Provision)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 11-DEC-2017 TO

12-DEC-2017

N/A M20181

CHRISTOPHER MCCLAIN

ATTN SUPO M20181

BLDG H23 ROOM 222

PSC BOX 20084

CAMP LEJEUNE NC 28542

910-451-0056

FOB: Destination

M20181

CLAUSES INCORPORATED BY REFERENCE

mailto:margaret.velez@usmc.mil

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreeements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2016

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.235-7002 Animal Welfare DEC 2011

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

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 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.

(a) Definitions. As used in this provision--

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and

Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational

Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

https://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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;

http://www.osha.gov/dcsp/osp/approved_state_plans.html

(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.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal

Register advising the public of the termination of the injunction.

(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 SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the

United States or its outlying areas. Check all that apply.

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

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

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

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

https://www.acquisition.gov/

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts

60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of

“domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “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

[List as necessary]

(iii)…