285-18-RFP-0009.pdf
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- Surverying and Technician Services, ME & NY Federal contract opportunity
- Solicitation number
- 285-18-RFP-0009
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SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
RATING PAGE OF PAGES
2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER
CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR
INFORMATION
CALL:
A. NAME B. TELEPHONE (NO COLLECT CALLS)
AREA CODE NUMBER EXTENSION
C. E-MAIL ADDRESS
11. TABLE OF CONTENTS
(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION
A B C D E F G H
I
J
K
L
M EVALUATION FACTORS FOR AWARD
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
LIST OF ATTACHMENTS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
CONTRACT CLAUSESSOLICITATION/CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/COSTS
DESCRIPTION/SPECS./WORK STATEMENT
PACKAGING AND MARKING
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
CONTRACT ADMINISTRATION DATA
SPECIAL CONTRACT REQUIREMENTS
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
OFFER (Must be fully completed by offeror)
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):
10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)
DATEAMENDMENT NO.AMENDMENT NO. DATE
15A. NAME AND
ADDRESS
OF OFFER-
OR
CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
15B. TELEPHONE NUMBER
AREA CODE NUMBER EXTENSION
15C. CHECK IF REMITTANCE ADDRESS IS
DIFFERENT FROM ABOVE - ENTER SUCH
ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:
10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)
24. ADMINISTERED BY (If other than Item 7)
26. NAME OF CONTRACTING OFFICER (Type or print)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
25. PAYMENT WILL BE MADE BY
27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
28. AWARD DATE
CODE
ITEM
STANDARD FORM 33 (REV. 6/2014)
Prescribed by GSA - FAR (48 CFR) 53.214 (c)
SEALED BID (IFB)
NEGOTIATED (RFP)
(Hour) (Date)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
1 36
Nashville Area Office, Contracting Department 711 Stewarts Ferry Pike Nashville, TN 37214
DHHS, IHS, Nashville Area Office
285-18-RFP-0009
5:00P
Paul A. Carr Jr. Paul.carr@ihs.gov
2-3 4-6 11 35-36
28-34
12-18
04/10/2018
615 4671567
03/20/2018
Ralph W. Ketcher Jr.
20-27
Surveying and Engineering Support Services
285-18- RFP-0009
B. Supplies or Services/Prices
The Indian Health Service, Nashville Area Office intends to award a single fixed-price, or at a maximum 2 multiple awards in response to proposals to RFP# 285-18-RFP-0009.
This solicitation is restricted to 100% Small Business Concerns of the States of Maine, New York, and immediate neighboring states (NJ, CT, PA, VT, MA, NH).
The solicitation documents, incorporated provisions, and clauses are those in effect through the Federal Acquisition Regulations (FAR). The associated North American Industry Classification System Code (NAICS) is 541370 surveying and mapping, and the small business size standard is $15 million.
B.1. Price Schedule
Base Year, Award – March 31th, 2019
MAINE
Description Estimated Hours Rate Total Surveying Services 200 Engineering Technician Services 200 Travel GOV NTE $10,000
NEW YORK
Description Estimated Hours Rate Total Surveying Services 160 Engineering Technician Services 200 Travel GOV NTE $10,000
Total
Option Year 1, April 1st, 2019 – March 31st 2020
Description Estimated Hours Rate Total Surveying Services 200 Engineering Technician Services 200 Travel GOV NTE $10,000
NEW YORK
Description Estimated Hours Rate Total Surveying Services 160
Option Year 2, April 1st, 2020 – March 31st 2021
Description Estimated Hours Rate Total Surveying Services 200 Engineering Technician Services 200 Travel GOV NTE $10,000
NEW YORK
Description Estimated Hours Rate Total Surveying Services 160
Option Year 3, April 1st, 2021 – March 31st 2022
Description Estimated Hours Rate Total Surveying Services 200 Engineering Technician Services 200 Travel GOV NTE $10,000
NEW YORK
Description Estimated Hours Rate Total Surveying Services 160
Option Year 4, April 1st, 2022 – March 31st 2023
Description Estimated Hours Rate Total Surveying Services 200 Engineering Technician Services 200 Travel GOV NTE $10,000
NEW YORK
Description Estimated Hours Rate Total Surveying Services 160
C. Description/Specifications
C.1. SCOPE OF WORK
Except as otherwise specified herein, the Contractor(s) shall furnish the necessary personnel, materials, services, and do all things necessary to satisfactorily perform the work set forth below.
I. Project Summary
The Contractor(s) will provide Surveying and Engineering Technician Support Services associated with various phases of the design and construction of sanitation facilities construction projects to the Northern District of the Nashville Area of the Indian Health Service, Office of Environmental Health and Engineering (OEHE), Division of Sanitation Facilities Construction (SFC).
The work consists of supporting water, wastewater, and solid waste sanitation facilities construction for the following IHS Field Offices:
1) Bangor, Maine (IHS SFC office that serves Federally Recognized Tribes in Maine)
2) Manlius, New York (IHS SFC office that serves Federally Recognized Tribes in New York)
Work may be accomplished by one Contractor, or up to two Contractors, for the following geographic regions:
1) New York
2) Maine
The COR shall access the services provided under this contract by written directives to the Contractor(s) based on the hourly rates established in the contract.
Due to the highly variable nature/volume of services the Contractor(s) must be available, on short notice, to perform the required work.
This contract services may include, but is not limited to:
1) Surveying Services
2) Engineering Technician Services
C.2. DESCRIPTION OF SERVICES
The Contractor(s) shall provide Surveying Services and Engineering Technician Support Services that includes: soil surveys, drafting services to support engineering design work, and construction inspection support.
I. Place of Duty
Primary field-related duties are at tribal sites in Maine and New York.
II. Duty Hours
Duty hours may vary as appropriate for interaction with SFC staff, as directed by the COR. Typical duty hours are from 8:00am to 5:00pm.
III. Work Oversight
Work performed by the Contractor(s) shall be overseen by and under the direction of the Contracting
Officer Representative (COR). The Government will provide the Contractor(s) written directives that may be in the form of an email that will include work to be completed, including timeframes and schedules for completion. The COR will be responsible for the monitoring and record keeping procedures used to ensure proper accounting for hours worked. These procedures must demonstrate through time and attendance logs, sign in/sign out sheets, or other appropriate records that services called for by the Contractor(s) have been rendered.
IV. Travel
The Contractor(s) may be required to travel locally to reservations and assigned locations. The Contractor(s) shall be required to utilize the Contractor’s own vehicle(s) for travel. Travel required and authorized by the Government to perform assigned tasks shall be reimbursed using the appropriate per diem and other travel expenses reimbursement rates established in the Joint Federal Travel Regulation (JFTR). Such reimbursement rates are adjusted from time to time. The current rates can be found at the following urls: http://www.defensetravel.dod.mil/site/perdiemCalc.cfm and http://www.defensetravel.dod.mil/site/otherratesMile.cfm.
If the Contractor(s) intends to require more than one staff member on a trip, this must be approved in writing by the COR. If the Contractor’s personnel incur expenses that exceed the allowable reimbursement rates, such excesses will not be reimbursed unless the Contractor(s) requests from the Contracting Officer with justification and is granted a waiver to the reimbursement rate limits prior to incurring the travel-related expenses.
The Contractor(s) shall submit payment requests for travel after all travel for a particular project trip has been completed or monthly, as applicable. All applicable paid receipts, including lodging, airfares, fuel, parking and other travel-related expenses are required for reimbursement at the rates authorized by Joint Travel Regulations (JTR).
Requests for payment of travel expenses will be processed the same as normal payment requests. The Government will either include or add a line item to the applicable deliver order, as applicable, for travel reimbursement requirements. Such travel line items will be funded with a “Not-to-Exceed” (NTE) amount on the delivery order.
C.3. SCOPE OF WORK
Work shall be billed in TWO categories: Surveying Services and Engineering Technician Services.
I. Surveying Services:
1) Conduct geo-referenced surveys for proposed community water and wastewater systems to develop alignments
2) Conduct geo-referenced surveys for proposed onsite water and wastewater systems
3) Conduct geo-referenced surveys for record drawing development
4) Download and process survey data to input into Computer Aided Drawing (CAD) software
II. Engineering Technician Services:
1) Preliminary layout development of individual water and wastewater facilities
2) Soil Survey for the design of individual wastewater System
3) Draft construction plans, details, record drawings, composite system drawings and rights-of-way maps using Computer Aided Drawing (CAD) software. All work must comply with IHS drafting standards.
4) Inspect construction performed by construction contractors; ensure that all work is performed in accordance with the approved plans and specifications.
5) Provide preliminary site evaluations of proposed individual sites and provide inspection of failed onsite wastewater facilities.
6) Prepare documents required by the State for onsite systems.
http://www.defensetravel.dod.mil/site/perdiemCalc.cfm http://www.defensetravel.dod.mil/site/otherratesMile.cfm
C.4. REQUIRED QUALIFICATIONS
The Contractor(s) shall possess the following minimum qualifications.
I. Preparation of on-site wastewater preliminary layout qualifications: The Contractor(s) shall be a Licensed Site Evaluator (or shall have such Licensed Site Evaluator on staff) in Maine (for work in Maine) or in New York (for work in New York) with at least 5 years of experience. The Contractor(s) shall be able to prepare layouts for individual on-site water and wastewater facilities for review. This shall include downloading electronic survey data from a data collector and/or hand-written field notes and producing a site plan. Contractor(s) shall be able to prepare final design of the necessary facilities, following all applicable codes and standards.
II. Drafting Capabilities – Must have knowledge and experience in the design of water and wastewater facilities and other civil engineering projects using Computer Aided Design (CAD). Must have CAD knowledge and experience related to plan set structure, function and geometrics and skill in technical CAD drafting using AutoCAD. Contractor(s) must be proficient in AutoCAD Civil 3D 2015 (or later) design software including Plan Production Tools and Sheet Manager for plan-set development and plotting purposes. Contractor(s) must have the ability to incorporate new surfaces from Triangular Irregular Network (TIN) models, Digital Terrain Models (DTMs), orthoquads, etc. into existing design model files and to integrate separate images, files and data sets. Contractor(s) must have the ability to utilize Civil 3D functionality including pipes, alignments, grading, profiles, blocks, styles, etc.
III. Surveying- The Contractor shall be a licensed Professional Land Surveyor (or shall have a Professional Land Surveyor on staff) with at least 10 years of experience in Maine (for work in Maine) or in New York (for work in New York)
IV. Written Communication – Must have strong written communication skills with experience related to drafting guidelines and technical provisions and compiling final reports as related to sanitation facilities construction projects.
D. Packaging and Marking
D.1. CORRESPONDENCE
All data and correspondence submitted to the Contracting Officer or the Contracting Officer's Representative (COR) shall reference the contract number and the name of the Contract Specialist and/or COR as appropriate. A copy of all correspondence sent to the COR shall be provided to the Contracting Officer.
D.2. PACKAGING AND FORMAT
All work files must be provided in original data format to the COR (e.g. Portable Document Files (PDF), spreadsheets, Word documents, AutoCAD files, point files).
Non electronic files will be packaged and marked in accordance with the best commercial practice necessary to ensure safe and timely delivery at destination.
E. Inspection and Acceptance
52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)
(a) Definitions. Services, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or (2) terminate the contract for default.
(End of clause)
F. Deliveries or Performance
The Contractor shall submit the following items in the quantities stipulated and within required time frames to the COR:
ITEM DESCRIPTION QUANTITY DATE
1. Monthly invoices Original Within 10 days following last day of reporting month
2. Routine various deliverables from the Contractor Original As required by COR
G. Contract Administration Data
G.1. MODIFICATIONS
The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements contained in this contract. In the event the contractor effects any such change at the direction of any other person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract costs to cover any increase incurred as a result thereof.
Contractual problems, of any nature, that may arise during the life of this contract must be handled in conformance with very specific public laws and regulations (i.e., Federal Acquisition Regulation). Only the CO is authorized to formally resolve such problems. The Contractor must bring all such contractual problems to the immediate attention of the CO. Requests for modifications of this contract must be sent to the CO with a copy sent to the COR as designated in the COR appointment letter.
G.2. GOVERNMENT POINTS OF CONTACT
I. Contracting Officer:
All contract administration will be effected by the Contracting Officer. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting Officer authorizing such changes.
II. Contracting Officer Representative (COR):
A COR will be designated on authority of the Contracting Officer to monitor and coordinate all technical aspects and assist in the administration of the contract. All contacts with all agencies of the Government and interfacing with other contractors required in the performance of this contract will be accomplished only through the direction and with the coordination of the COR. A letter of designation will be issued to the COR with a copy supplied to the Contractor, stating the responsibilities and limitations of the COR.
G.3. INVOICING INSTRUCTIONS
The Contractor shall submit invoices after services received. A complete invoice with all required back-up documentation shall be sent, electronically via e-mail or by regular postal mail to:
Accounting Tech., Hayley Fleek, hayley.fleek@ihs.gov, Indian Health Service, Nashville Area, 711 Stewarts Ferry Pike, Nashville, TN 37214
Contracting Officer’s Representative (COR), Tanya Davis, Tanya.Davis@ihs.gov, Manlius Field Office, 122E. Seneca St., Manlius, NY 13104
Contracting Officer: Ralph Ketcher, ralph.ketcher@ihs.gov, Indian Health Service, Nashville Area, 711 Stewarts Ferry Pike, Nashville, TN 37214
For invoices submitted by email: the subject line of your email invoice submission shall contain the contractor name, contract/order number, and invoice number (e.g. Company Name, Contract HHSIXXXXX, Invoice #123). The Contractor shall send one email per contract/order after completion. The email may have multiple invoices for the contract. Invoices must be in one of the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF, TIFF, or Word).
mailto:hayley.fleek@ihs.gov mailto:Tanya.Davis@ihs.gov mailto:ralph.ketcher@ihs.gov
H. Special Contract Requirements
This section has intentionally been left blank
I. Contract Clauses
52.202-1 Definitions. (NOV 2013)
52.203-5 Covenant Against Contingent Fees. (MAY 2014)
52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)
52.203-7 Anti-Kickback Procedures. (MAY 2014)
52.203-16 Preventing Personal Conflicts of Interest. (DEC 2011)
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2016)
52.204-13 System for Award Management Maintenance. (OCT 2016)
52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)
52.215-19 Notification of Ownership Changes. (OCT 1997)
52.215-23 Limitations on Pass-Through Charges. (OCT 2009)
52.217-8 Option To Extend Services. (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
52.217-9 Option To Extend the Term of the Contract. (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)
(a) Definition.
Small business concern, as used in this clause, 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 size standards in this solicitation.
(b) Applicability. This clause applies only to--
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
52.219-14 Limitations on Subcontracting. (JAN 2017)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Applicability. This clause applies only to--
(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;
(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and
(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for-
(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.
(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.
(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.
52.222-3 Convict Labor. (JUN 2003)
52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014)
52.222-17 Nondisplacement of Qualified Workers. (MAY 2014)
52.222-21 Prohibition of segregated facilities. (APR 2015)
52.222-26 Equal Opportunity. (SEP 2016)
52.222-35 Equal Opportunity for Veterans. (OCT 2015)
(a) Definitions. As used in this clause-
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)
52.222-41 Service Contract Labor Standards. (MAY 2014)
52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts). (MAY 2014)
52.222-50 Combating Trafficking in Persons. (MAR 2015)
52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015)
52.223-6 Drug-Free Workplace. (MAY 2001)
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (AUG 2011)
52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)
52.229-3 Federal, State, and Local Taxes. (FEB 2013)
(a) As used in this clause-
After-imposed Federal tax means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes.
After-relieved Federal tax means any amount of Federal excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.
All applicable Federal, State, and local taxes and duties means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract.
Contract date means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.
Local taxes includes taxes imposed by a possession or territory of the United States, Puerto Rico, or the Northern Mariana Islands, if the contract is performed wholly or partly in any of those areas.
(b)(1) The contract price includes all applicable Federal, State, and local taxes and duties, except as provided in subparagraph (b)(2)(i) of this clause.
(2) Taxes imposed under 26 U.S.C. 5000C may not be-
(i) Included in the contract price; nor
(ii) Reimbursed.
(c) The contract price shall be increased by the amount of any after-imposed Federal tax, provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise.
(d) The contract price shall be decreased by the amount of any after-relieved Federal tax.
(e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer.
(f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.
(g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs.
(h) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption.
52.232-1 Payments. (APR 1984)
52.232-9 Limitation on Withholding of Payments. (APR 1984)
52.232-25 Prompt Payment. (JAN 2017)
52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013)
52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)
52.233-1 Disputes. (MAY 2014)
52.233-3 Protest After Award. (AUG 1996)
52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)
52.244-6 Subcontracts for Commercial Items. (NOV 2017)
52.246-20 Warranty of Services. (MAY 2001)
(a) Definition.
Acceptance, as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.
(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the Government.
This notice shall state either (1) that the Contractor shall correct or reperform any defective or nonconforming services or (2) that the Government does not require correction or reperformance.
(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.
(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.
52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984)
The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Government shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)
(a)(1) The Government may, subject to paragraphs (c) and (d) below, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to -
(i) Deliver the supplies or to perform the services within the time specified in this contract or any extension;
(ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below); or
(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below).
(2) The Government's right to terminate this contract under subdivisions (a)(1)(ii) and (1)(iii) of this clause, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.
(b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity,
(3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor.
(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule.
(e) If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest.
(f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders.
(g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government.
(h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.
52.253-1 Computer Generated Forms. (JAN 1991)
J. List of Documents, Exhibits and Other Attachments
Wage Determination No.: 2015-4002, Rev 6
Wage Determination No.: 2015-4164, Rev 5
K. Representations, Certifications, and Other Statements of Bidders
52.203-2 Certificate of Independent Price Determination. (APR 1985)
(a) The offeror certifies that-
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or
(iii) the methods or factors used to calculate the prices offered;
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-
(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or
(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization;
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.
(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of provision)
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
(SEP 2007)
(a) Definitions. As used in this provision- "Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12).
(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.
(c) Certification. The offeror, by signing its offer, hereby 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 its behalf in connection with the awarding of this contract.
(d) Disclosure. 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.
(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.
52.204-17 Ownership or Control 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.
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.
(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code: ________________
Immediate owner legal name:____________________________________ (Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity?: [ ] Yes or [ ] No.
(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code: ________________
Highest-level owner legal name:____________________________________ (Do not use a "doing business as" name)
52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.219-1 Small Business Program Representations. (Oct 2014)
(a) Definitions. As used in this provision—
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.
“Small disadvantaged business concern,” consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned small business concern” means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is– 541370
(2) The small business size standard is $15.0 Million
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(c) Representations.
(1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.
(2) The offeror represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13
CFR 124.1002.
(3) The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that—
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.
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