A22- W912EK20R0020.pdf
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- Clock Tower Back Entry Stairs Removal and Replacement Federal contract opportunity
- Solicitation number
- W912EK20R0020
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| W912EK20R0020 Amendment 0001.pdf | ||
| A22- Plan Set Clock Tower Back Entry Repair.pdf |
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REQUEST FOR QUOTATION
PLEASE RETURN TO:
US Army Corps of Engineers
US Army Corps of Engineers Clock Tower Building Back Entry Stairs Removal and Replacement
W912EK20R0020
Attn: Natalie Werthmann 1500 Rock Island Drive Rock Island, Illinois 61201 Email: Natalie.E.Werthmann@usace.army.mil
PLEASE INCLUDE THE FOLLOWING INFORMATION:
1. Complete Block 17a on the SF1449 - Enter Name, Address, and Current Phone Number of Person to Contact Regarding Proposal
2. Complete and sign Blocks 30a, 30b, and 30c on the SF1449
3. Complete Offeror Representations and Certifications (Clause 52.212-3) if your company has not completed the Representations and Certifications located with your company’s SAM record (https://www.sam.gov).
4. Please fill out the the below information completely and include this cover page with your offer, along with the above items that need to be filled out.
5. Include the Solicitation Number on the outside of your envelope or as subject line if submitting by email pdf format. It is the responsibility of the offeror to verify that their offer has been received and is legible when using a method other than electronic format to submit an offer.
Contractors must be current in their registration in the System for Award Management (SAM) Database before a Government Contract award can be made.https://www.sam.gov/
Please provide: CAGE Code (SAM):_______________________________ Point of Contact: _________________________________ Phone & Email: __________________________________
FOR ADDITIONAL INFORMATION, CONTACT:
Natalie Werthmann - Phone: 309-794-5473 or Email: Natalie.E.Werthmann@usace.army.mil mailto:Natalie.E.Werthmann@usace.army.mil
96514701693809
NATALIE E WERTHMANN 3097945473
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
29-Jul-2020
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
X
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________60 calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211.10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
YES X NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than __60___ calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
CONTRACTING DIVISION
US ARMY CORPS OF ENGINEERS
1500 ROCK ISLAND DRIVE
ROCK ISLAND IL 61201
W912EK
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
(hour) Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W912EK20R0020 127
X
02:00 PM1
06 Aug 2020
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
W912EK20R0020
Section 00010 - Solicitation Contract Form
CLAUSES INCORPORATED BY FULL TEXT
MVR.03
QUESTION AND ANSWER
via email
Technical inquiries and questions relating to this solicitation are to be submitted to Natalie Werthmann at natalie.e.werthmann@usace.army.mil no later than Monday, August 03, 2020 at
10:00AM CST.
BID SCHEDULE
Bid Schedule
ITEM
NO.
ITEM DESCRIPTION QUANTITY UNIT UNIT
PRICE
AMOUNT
0001 Removal and Replacement of Clock Tower back entry stairs.
The contractor shall provide all material, supplies, labor, and equipment as specified by the
Scope of Work.
1 JOB $______ $________
TOTAL $________
mailto:natalie.e.werthmann@usace.army.mil
SCOPE OF WORK
SCOPE OF WORK
Clock Tower Back Stairs Repair Clock Tower
1500 Rodman Dr.
Rock Island Il 61201
PART 1 GENERAL
1.1 SUMMARY OF WORK
The Rock Island District Clock Tower Building 205 back stairs and delivery slab/columns have deteriorated to the point that they are unsafe and have been placed out of service.
The Contractor will perform the following actions:
1. The contractor will remove and replace the existing Clock Tower back entry. The back entry consists of two sets of stairways, a landing, a delivery slab, and two columns supporting the delivery slab. The Contractor has the option to complete concrete work by pre-cast or cast-in-place.
2. The Contractor has control of how the work will be staged.
3. The Contractor will have to coordinate with other trades doing repointing work at the Clock
Tower Building.
4. The existing handrail and safety chain will be removed, stored, and reinstalled after completion of the work. The existing temporary steel post supports under the delivery slab will be removed and turned over to the Government. The Government will be responsible for removing and reinstalling the electrical conduit and lights that are currently on the delivery slab.
5. The work on the stairs will be pre-cast or cast-in-place with 4,500# concrete (ASTM C150 Type II Portland cement, 20% Class C fly ash mix). Each stair shall have four (4) epoxy coated #4 bars with a minimum of 3 inch cover. The concrete shall be air-entrained (5 to 8 percent air). The tread of the stairs will have a coarse broomed finish. The Contractor will match all existing dimensions. The Contractor is responsible for reviewing all dimensions and all plan details.
6. The landing/delivery slab/columns will be pre-cast or cast-in-place with 4500# concrete (ASTM C150 Type II low alkaline Portland cement, 20% class C fly ash mix) with #4 epoxy coated bar placed on one foot centers each way and a minimum of 3 inches of cover. The concrete shall be air-entrained (5 to 8 percent air).The Contractor will match all existing dimensions. Contractor is responsible for reviewing all dimensions and all plan details.
7. Repointing the wall under the stairs leading to the first floor is to be done with lime mortar and replace all broken stone and to re-establish the wall. The stone will be picked to match the existing stone as close to the original as possible.
8. All reinforcement shall be epoxy coated and yield strength of 60,000 psi. Dowels will be ¾” and be epoxy coated and yield strength of 60,000 psi.
9. Expansion joint filler will be CERAMAR by W.R. Meadows. Sealant (ASTM C920) and concrete curing compound (ASTM C309) will meet USACE specs and be from W.R.
Meadows.
1.2 PROJECT LOCATION
The repair work area is located in back of the Clock Tower Building 205 on the Rock Island Arsenal in Rock Island, Illinois.
1.3 PERFORMANCE PERIOD
The contract work shall be completed within sixty (60) calendar days from the date of contract award. The actual date will be set at Award.
1.4 SAFETY REQUIREMENTS
1.4.1 EM 385-1-1
Contractors are required to comply with the safety regulations of EM 385-1-1 2014 version for all on-site work at Rice Lake. EM 385-1-1 website address:
http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf
1.4.2 Regulations
Any employee of the Contractor who disregards safety regulations or displays unsafe attitudes and actions shall be removed from the job site by the Contractor, as directed by the Contracting Officer.
1.4.3 Safety/Accident Prevention
The Contractor shall provide and maintain work environment in a manner that will safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities. Contractor shall comply with all pertinent provisions of the latest version of the U.S. Army Corps Engineers Safety & Health Requirements Manual, EM 385-1-1, 30 November 2014. USACE Safety Manual Link:
http://www.usace.army.mil/CESO/Pages/Home.aspx.
1.5 QUALITY ASSURANCE
The Government shall monitor the Contractor's performance under this contract in accordance with the Government's QASP. The QASP for work defined herein is located in Attachment #1 of this contract.
http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.usace.army.mil/CESO/Pages/Home.aspx
1.5.1 Government Inspection
All work to be performed under this contract shall conform to the requirements of this contract and shall be approved by the KO. The presence or absence of Government personnel shall not relieve the Contractor of responsibility for the proper execution of the work in accordance with this contract.
1.6 QUALITY CONTROL PLAN
The Contractor shall provide a quality control plan that will explain the Contractor’s management plan for executing the contract. It describes the way in which the Contractor will produce deliverables, and the step-by-step approach that will be taken to ensure the quality of service.
1.7 ANTITERRORISM (AT) AND OPERATIONS SECURITY (OPSEC)
**NOTE: To protect the privacy of the Contractor, all Contractor employees, and all sub-contractor employees, background checks, OPSEC SOPs, E-verify,COVID-19, and I- 9 forms shall be submitted with a coversheet stating the contract number (e.g. W912EK- 15-C-XXXX), title of project, and the company's point of contact information, in a sealed envelope/container and mailed to:
Security Office U.S. Army Corps of Engineers Rock Island District 1500 Rock Island Drive Rock Island, IL 61201
Security Clause 1.
AT Level I Training.
"All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:
http://jko.jten.mil/courses/atl1/launch.html."
Security Clause 2b.
For Access and General Protection Policy and Procedures. All Contractors and sub-contractor employees shall comply with installation and facility access guidelines and rules as stated herein. Contractor workforce must comply with all personal identity verification requirements as directed by Department of Defense, Department of the Army Headquarters, Rock Island District and/or local policy. In addition to the changes otherwise authorized by the Changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes.
In support of Rock Island District evaluation of personnel authorized for access to federal facilities, the Contractor shall follow RIA installation policy and procedures in place of the background check conducted by a bonded third party for off Island Government property access, which will include but is not limited to completing the NCIC III background check conducted by the Rock Island Arsenal. (Details for Rock Island Arsenal Access can be found at:
http://www.usagria.army.mil/AccessRequests/).
Address to the Visitor Center to have the background checks completed is:
Visitor Center 23 Prospect Ct Rock Island Arsenal, IL
Security Clause 4.
Suspicious Activity Reporting Training The Contractor and all sub-contractor employees shall receive a brief provided by the Rock Island District Security Office on the local suspicious activity reporting program. This locally developed training will be used to inform Contractor employees of the types of behavior to watch for and instruct them to report suspicious activity to the project manager, security representative or local law enforcement entity. This training shall be completed within 30 calendar days of notice to proceed and within 30 calendar days of new employees commencing performance with the results reported to the Contracting Officer Representative by the Security Office via Memorandum of Record no later than 5 calendar days after the completion of the training.
Security Clause 7.
For Contracts that Require OPSEC Training. Contractors and sub-contractor employees will complete Operations Security (OPSEC) Level 1 Training within 30 calendar days of reporting for duty. OPSEC Level 1 training is available at the following website:
https://www.mvr.usace.army.mil/Business-With-Us/Contracting/
Once you get to the website scroll towards the bottom of the page, then you will need to click on the blue letter that states: Contractors Operations Security (OPSEC) Training
The Contractor shall submit certificates of completion for each affected Contractor and sub-contractor employee to the Contracting Officer Representative (COR) within 5 calendar days after completion of training.
Security Clause 13.
Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including sub-contractor employees, who are not in possession of the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified, sensitive, or restricted http://www.usagria.army.mil/AccessRequests/ materials and/or areas. The Contractor will coordinate with the Contracting Officer Representative and/or the facility security office for access when required.
Security Clause 15.
Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program website (http://www.uscis.gov/e-verify) to meet the established employment eligibility requirements. The Contractor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. Documentation of company enrollment in E-verify, via a print screen of the company profile within the E-verify system, must be submitted to the Security Office no later than 3 business days after the initial Notice to Proceed.
*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification must be given/coordinated with the designated Government representative. This Form will be provided to the Security Office after Notice to Proceed is given.
2.0 GOVERNMENT COORDINATION AND AUTHORIZED CHANGES.
The Contractor shall accept instructions only from a warranted Contracting Officer. Only a warranted Contracting Officer, acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, the Contractor shall not proceed with the change and shall immediately notify the Contracting Officer. For contractual matters regarding this service procurement, the Government’s Contract Specialist is Ms. Natalie Werthmann and the Contracting Officer Representative will be Mr. Brian Lane. Their contact information is as follows:
Natalie Werthmann, CEMVR-CT Brian Lane, CEMVR-EC-C Contract Specialist Contracting Officer Representative USACE, Rock Island District USACE, Rock Island District P.O. Box 2004, Clock Tower Building P.O. Box 2004, Clock Tower Building Rock Island, IL 61204-2004 Rock Island, IL 61204-2004
(309) 794-5473 (309) 794-5763 Natalie.E.Werthmann@usace.army.mil Brian.L.Lane@usace.army.mil
-- End of Section – http://www.uscis.gov/e-verify mailto:Natalie.E.Werthmann@usace.army.mil mailto:Brian.L.Lane@usace.army.mil
Personnel Change Request Form
Contract #_______________ Date___________ We, _____________________, respectfully request to add/replace (circle one) personnel to the jobsite due to the following situation:
Personnel to be conditionally added to the ACL (escorted by):
Background checks (if required for a long term employee) shall be submitted by close of business on (insert proposed date): ________________
(Insert signature block)
QASP
ATTACHMENT #1
QUALITY ASSURANCE SURVEILLANCE PLAN
Purpose: This Quality Assurance Surveillance Plan (QASP) is a Government developed and applied document used to make sure that systematic quality assurance methods are used in the administration of the Performance Based Service Contract (PBSC) standards included in this contract. The intent is to ensure that the contractor performs in accordance with performance metrics set forth in the contract documents, that the Government receives the quality of services called for in the contract, and that the Government only pays for the acceptable level of services received.
1. Critical performance processes and requirements. Critical to the performance of the contract, the contractor shall provide all personnel equipment, tools, materials, supervision, transportation, other items and services necessary to perform as defined in this Performance Work Statement (PWS). The contractor shall provide accurate transaction processing to ensure that material accountability comply with safety and security requirements, in accordance with this PWS. Additionally, the contractor shall be accountable for all auditable documents, establish/maintain effective quality, and perform required within prescribed timeframes. The performance process is the timely, accurate, and thorough completion of all contract requirements.
2. Performance Standards
a. Schedule. The dates for services and the actual accomplishment of the services in accordance with the schedule will be assessed against original dates of services and milestones established for the contract.
b. Service. The services required to be performed will be assessed against the PWS detailed in the contract, for the required content, quality, timeliness, and accuracy.
c. Past Performance. In addition to schedule and services, and cost aspects of performance discussed above, pursuant to FAR 42.15, the Government will assess the contractor’s record of conforming to contract requirements and to standards of good workmanship, the contractor’s adherence to contract schedules including the administrative aspects of performance, the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction, and the contractor’s business-like concern for the interest of the customer.
3. Surveillance methods. The primary methods of surveillance used to monitor performance of this contract will include, but not be limited to: random or planned sampling, periodic inspection, Contractor Self Reporting, and validated customer complaints.
a. Random/Scheduled Monitoring. Random and/or scheduled monitoring will be conducted if and when deemed necessary by the COR to ensure compliance with the terms of the contract. Using the attached matrix the COR will determine whether the contractor is in compliance with the terms of the contract.
b. Contractor Self-Reporting. The contractor shall provide as needed status reports that document significant problems/issues and potential resolutions.
c. Customer Feedback. Customer feedback will be obtained from valid customer complaints. Customer complaints, to be considered valid, must set forth clearly and in writing the detailed nature of the complaint; must be signed and must be forwarded to the COR by the contractor. The contractor shall maintain a log of all customer complaints as well as a copy of each complaint in a documentation file. The COR may request to review the log and/or documentation file at any time.
4. Performance Measurement. Performance will be measured in accordance with the following table:
Performance-Based Matrix, Attachment A
Performance Element
Performance Requirement
Surveillance Method Frequency Acceptable Quality Level
Contract Services Contract Services furnished as prescribed in the PWS as applicable.
Inspection by the COR Random inspection of all sampling of contract services.
>95% of services inspected performed timely and without rework required.
Overall Contract Performance
Overall contract performance of sufficient quality to earn a Satisfactory (or higher) rating in the COR’s annual report on contractor performance
Assessment by the COR Annual All service elements rated Satisfactory (or higher) Satisfactory = 95% or above average contract acceptable random sampling
Contractor Self Reporting
Contract Services furnished as prescribed in the PWS as applicable.
Contractor Self Reports Monthly >95% of services reported performed timely and without rework required.
Customer Feedback
Customer complaints reviewed by COR
Inspection by the COR Per Occurrence 100% of valid customer complaints resolved
Invoicing Monthly invoices per contract procedures are timely and accurate.
Review & acceptance of the invoice by COR
Monthly 100% accuracy
Combating Trafficking in Persons
Adherence to FAR clause 52.222-50.
Assessment by COR Random inspection of contract services.
100% Accuracy
Disincentives:
For each item that does not meet acceptable levels, the Government may issue a Contract Discrepancy Report (CDR). CDRs will be forwarded to the Contracting Officer with a copy sent to the contractor. The contractor must reply in writing within 5 days of receipt identifying how future occurrences of the problem will be prevented. Based upon the contractor’s past performance and plan to solve the problem, the Contracting Officer will determine if any further action will be taken.
In accordance with the inspection of services provisions of the contract (52.212-4 (a) Inspection/Acceptance), the contractor will provide quality products in a timely manner since the Government can require the contractor, at no additional cost, to replace or correct work that fails to meet contract requirements.
Section 00100 - Bidding Schedule/Instructions to Bidders
CLAUSES INCORPORATED BY FULL TEXT
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/content/regulations
(End of clause)
Section 00600 - Representations & Certifications
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(a) Definitions. As used in this clause--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that--
(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;
(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—
(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;
(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;
and
(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.
(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
http://www.sam.gov/
(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--
(A) Change the name in SAM;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.
(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.
(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether http://www.sam.gov/ https://www.sam.gov/ dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents 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 Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor 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 (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.
[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents 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 (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor 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.
[Contractor to sign and date and insert authorized signer's name and title.]
Section 00700 - Contract Clauses
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(JUN 2020)
(a) Definitions. As used in this clause:
Executive means officers, managing partners, or any other employees in management positions.
First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.
Month of award means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.
Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.
(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.
(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax-qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.
(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.
(c) Nothing in this clause requires the disclosure of classified information.
(d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) (Federal Acquisition Regulation FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—
(i) In the Contractor's preceding fiscal year, the Contractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).
(2) First-tier subcontract information. Unless otherwise directed by the Contracting Officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)
(i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.
(vi) Subcontract number (the subcontract number assigned by the Contractor).
(vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable.
(x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS.
(xiv) The applicable North American Industry Classification System code (NAICS).
(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, and annually thereafter calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if—
(i) In the subcontractor's preceding fiscal year, the subcontractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/ http://www.fsrs.gov/
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if thepublic has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)
(e) The Contractor shall not split or break down first-tier subcontract awards to a value below the threshold specified in FAR 4.1403(a), on the date of subcontract award, to avoid the reporting requirements in paragraph (d) of this clause.
(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.
(g)(1) If the Contractor in the previous tax year…
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