AG-82D7-S-15-0009.pdf
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- Attached to
- Asbestos Removal Federal contract opportunity
- Solicitation number
- AG-82D7-S-15-0009
About this file
RFQ
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| WD_summit.pdf | ||
| WD_pitkin.pdf | ||
| Figure2_SiteMap_North_Rock_Creek_Cabin.pdf | ||
| Figure3_SiteMap_Draper_Cabin.pdf | ||
| Attachment_C.pdf | ||
| Attachment_B.pdf | ||
| Attachment_D.pdf | ||
| Attachment_A.pdf | ||
| Figure1_SiteMap_Moe_Cabin.pdf |
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AG-82D7-S-15-0009
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
04/23/2015
1 27
900 GRAND AVENUE
GLENWOOD SPRINGS CO 81602-0948
WHITE RIVER NATIONAL FOREST
Multiple
970 874-6625JAY TOBIN
05/18/2015 1000 MT
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Summit Pitkin Asbestos Removal: Project is to remove asbestos from three cabins and one abandoned RV per the Statement of Work.
See Instructions to Offerors on page 14 for additional information.
EQUAL OPPORTUNITY CLAUSE
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 27
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
AG-82D7-S-15-0009
derived from any public assistance program. (Not all prohibited bases apply to all programs.)
Persons with disabilities who require alternative means for communication of program information
(Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202)720-2600
(voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272
(voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Asbestos Abatement
White River National Forest
SCHEDULE OF ITEMS
Description
Quantity
Unit
Total Cost
Asbestos Abatement per
Statement of Work (Three cabins and one RV)
Lump Sum
Estimated Period of Performance (Days): ________________
(Work must be completed by 7/15/2015)
Company: ____________________________
DUNS: ____________________________
Phone: ____________________________
E-mail: ____________________________
OFFERORS MUST BE REGISTERED IN SAM (WWW.SAM.GOV) AND RESPOND TO ALL
INSTRUCTIONS HERE-IN. OFFERORS WHO FAIL TO MEET THESE REQUIREMENTS MAY NOT BE
CONSIDERED FOR AWARD.
http://www.sam.gov/
STATEMENT OF WORK
Scope. Conduct asbestos abatement in Summit and Pitkin Counties, Colorado. The Summit County structures are located in the Eagle Nest Wilderness northwest of Silverthorne, CO and off of French Gulch Rd east of
Breckenridge, CO. The Pitkin County structure is in the Snowmass Ski Area in Aspen, CO. This work includes the abatement and disposal of all building material identified in each asbestos inspection reports that contain concentrations of asbestos that is greater than 1% (friable and non-friable).
Location.
See Attachment A – Asbestos Inspection Report for the Moe Cabin by Sunrise Environmental dated September 2, 2014.
See Figure 1 – Site Map of Moe Cabin
Directions: The structure is located along the South Fork of the Swan River Drainage, approximately 9 miles east of the junction of CO Hwy 9 and Tiger Run Road in Breckenridge, CO in Summit County. From I-70, take the
Frisco, CO exit 201 and proceed south 6 miles to Tiger Run Road. Turn left (east) and travel 7 miles along Forest
Road 6 until you reach the South Fork (Georgia Pass) turnoff on your right. Proceed along Forest Road 355 (4WD) for approximately 2 miles and the Moe Cabin structure is on your right.
See Attachment B – Asbestos Inspection Report for the North Rock Creek Cabin in the Eagle Nest Wilderness by
Sunrise Environmental dated August 24, 2014.
The Latitude is 39 o 41’ 49” Longitude 106 o 10’ 32”
Note: General Wilderness Prohibitions:
Motorized equipment and equipment used for mechanical transport is generally prohibited on all federal lands designated as wilderness. This includes the use of motor vehicles, motorboats, motorized equipment, bicycles, hang gliders, wagons, carts, portage wheels, and the landing of aircraft including helicopters, unless provided for in specific legislation.
See Figure 2 – Site Map of North Rock Creek Cabin
Directions: The structure is located off a foot trail in the North Rock Creek Drainage approximately 9 miles northwest of Silverthorne, CO. From I-70, take the Silverthorne, CO exit 203 and follow CO Hwy 9 northwest approximately 6 miles to Rock Creek Road (across from Blue River Campground) and turn left. Follow Forest
Road 1350 (4WD) approximately 3 miles to the North Rock Creek trailhead parking lot. The structure is approximately 30 minutes by foot travel or 15 minutes by horseback travel.
See Attachment C – Asbestos Inspection Report for Draper Cabin by Sunrise Environmental dated September 2, 2014.
Description Location
A) Mt Guyot Placer Claim (Moe Cabin)
(1 structure)
T6S, R76W, Sec 31 (SW), 6 th
PM
B) North Rock Creek Cabin
(1 structure)
T4S, R78W, Sec 13 (SW), and Sec 23 (NE), 6 th
PM
C) Brownsville #1 Lode Claim
(1 structure)
T10S, R85W, Sec 18 NE, 6 th
PM.
D) Abandoned Recreation Vehicle (south fork of
Swan River)
T6S, R77W, Sec 36 SE, 6 th
PM.
See Figure 3 – Site Map of Draper Cabin
Directions: The structure is located in the permit area of the Snowmass Ski Area in Aspen, CO (Pitkin County).
From Interstate 70, take Exit 116 (Glenwood Springs) and travel 40 miles south towards Aspen, CO. Turn right on
Brush Creek Road (Snowmass Village) and take the roundabout to Highland Road and follow signs to the Two
Creeks parking lot.
See Attachment D – Asbestos Inspection Report for Abandoned RV by Sunrise Environmental dated December 9, 2014.
See Figure 1 – Site Map of Moe Cabin – RV is within ¼ mile of this cabin.
Directions: The structure is located along the South Fork of the Swan River Drainage, approximately 9 miles east of the junction of CO Hwy 9 and Tiger Run Road in Breckenridge, Summit County, CO. From I-70, take the Frisco, CO exit 201 and proceed south 6 miles to Tiger Run Road. Turn left (east) and travel 7 miles along Forest Road 6 until you reach the South Fork (Georgia Pass) turnoff on your right. Proceed along Forest Road 355 (4WD) for approximately 1.5 miles and turn right at the creek crossing. The abandoned RV is on your left.
Training Requirements.
The Contractor shall be State Certified by the Air Pollution Control District to work with asbestos in construction, repair, renovation, maintenance, demolition, or salvage activities. The Hazardous Waste Transporter shall have endorsement by the State of Colorado as a hazardous materials transporter and an appropriate hazardous waste permit issued by the State of Colorado. Contractor shall provide proof of the above certifications and permit to the
Contracting Officer.
All of the workers who work in the asbestos removal area shall be certified as asbestos workers per Air Pollution
Control Division-approved course 29 CFR Part 1926 (including respirator fit testing). The Safety of all persons shall be the sole responsibility of the Contractor.
Submittals.
The Contractor shall not proceed with any work until all submittals have been provided and approved by the
Contracting Officer. The following submittals shall be provided to the Contracting Officer:
1. Health and Safety Plan. The Contractor shall provide a copy of the worker health and safety plan for this contract work.
2. Notifications. The Contractor shall provide notice to CDPHE prior to abatement (if necessary).
Asbestos Abatement.
The Contractor shall cover the ground or floor with a 6-mil polyethylene drop cloth, or approved equal, prior to beginning any work in this section. Dust shall be kept to a minimum throughout the duration of project work.
Asbestos abatement work shall include the removal and disposal of asbestos (friable/non friable) greater than 1% prior to demolition activities conducted by FS personnel.
A visual clearance and final inspection will be conducted by State Certified Asbestos Building Inspector (CABI) and the Contracting Officer’s Representative before abatement work is deemed complete.
The Forest Service will pay for all final inspections performed by the CABI separately.
Deliverables.
Contractor shall provide proof of proper disposal of all ACM to the Government. Examples include landfill receipts, trip tickets, transportation manifests, etc.
Proof of proper disposal must include the following information:
1. Contractor’s name and address
2. Project name and address
3. Name, address, and date of delivery to the disposal site
4. Estimated quantity of waste material
5. Type of ACM (friable/non friable)
CONTRACT TERMS AND CONDITIONS
FAR 52.212-4 Contract Terms and Conditions - Commercial Items. (DEC 2014) is incorporated by reference.
(See www.acquisition.gov/far for full text.)
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -
Commercial Items. (MAR 2015)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
[ ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: Contracting Officer check as appropriate.
[ ](1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate
I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
[ ](2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
[ ](3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)
[ ](4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (AUG
2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).
[ ](5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (JUL 2010)
(Pub. L. 111-5).
[X](6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note).
[ ](7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(FEB 2012) (41 U.S.C. 2313).
[X](8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012)
(section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
[ ](9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.
657a).
http://www.acquisition.gov/far
[ ](10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.
657a).
[ ](11) (Reserved)
[X](12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
[ ](ii) Alternate I (NOV 2011).
[ ](iii) Alternate II (NOV 2011).
[ ](13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).
[ ](ii) Alternate I (OCT 1995) of 52.219-7.
[ ] (iii) Alternate II (MAR 2004) of 52.219-7.
[ ](14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and
(3)).
[ ](15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4).
[ ](ii) Alternate I (OCT 2001) of 52.219-9.
[ ](iii) Alternate II (OCT 2001) of 52.219-9.
[ ](iv) Alternate III (JUL 2010) of 52.219-9.
[ ](16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
[ ](17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
[ ](18) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C.
637(d)(4)(F)(i)).
[ ](19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business
Concerns (OCT 2008) (10 U.S.C. 2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer.)
[ ](ii) Alternate I (JUN 2003) of 52.219-23.
[ ](20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[ ](21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting
(OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[ ](22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV
2011) (15 U.S.C. 657f).
[ ](23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C.
632(a)(2)).
[ ](24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small
Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)).
[ ](25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns
Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)).
[X](26) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[X](27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (MAR 2012) (E.O.
13126).
[X](28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
[X](29) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
[ ](30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
[X](31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).
[ ](32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
[ ](33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC
2010) (E.O. 13496).
[ ](34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[ ](35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated
Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ](ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ](36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.
8259b).
[ ](37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal
Computer Products (DEC 2007) (E.O. 13423).
[ ](ii) Alternate I (DEC 2007) of 52.223-16.
[X](38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG
2011). (E.O. 13513).
[X](39) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).
[ ](40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (NOV 2012) (41
U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-
138, 112-41, 112-42, and 112-43).
[ ](ii) Alternate I (MAR 2012) of 52.225-3.
[ ](iii) Alternate II (MAR 2012) of 52.225-3.
[ ](iv) Alternate III (NOV 2012) of 52.225-3.
[ ](41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[ ](42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the
Treasury).
[ ](43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[ ](44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)
(42 U.S.C. 5150).
[ ](45) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.
255(f), 10 U.S.C. 2307(f)).
[ ](46) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10
U.S.C. 2307(f)).
[X](47) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT
2003) (31 U.S.C. 3332).
[ ](48) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor
Registration (MAY 1999) (31 U.S.C. 3332).
[ ](49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).
[ ](50) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ](51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)
(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
[ ](ii) Alternate I (APR 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(Contracting Officer check as appropriate.)
[ ](1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).
[ ](2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[ ](3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple
Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[ ](4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP
2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[ ](5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C.
351, et seq.).
[ ](6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain
Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
[ ](7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub.
L. 110-247).
[ ](8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L.
110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) (Reserved)
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C.
793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007)
(41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for
Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR
2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB
2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(SEP 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--
(1) The product cannot be acquired--
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7
CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall-
(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;
(2) Submit this report no later than-
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance; and
(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.
(d) The environmental point of contact for this contract will be provided upon contract award.
(End of clause)
SOLICITATION PROVISIONS
INSTRUCTIONS TO OFFERORS (ADDENDUM TO FAR 52.212-1). The following information shall be provided:
Complete Blocks 12 through 16 of the SF18 as indicated.
Complete required entries in the Schedule of Items.
Complete or initial FAR Provision 52.212-3 (below) as indicated.
Complete AGAR tax representation on page 27.
Offerors shall submit sufficient information (e.g., biographies, training certificates) about the personnel performing these services for review and evaluation by the Government to determine acceptability versus the stated requirements.
ADDENDUM TO FAR 52.212-2, Evaluation of Commercial Items (JAN 1999), Paragraph "a" of the provision is hereby amended with the following: "The government reserves the right to evaluate offers and award a contract without discussions with offerors. Quotes shall be evaluated on the basis of lowest priced, technically acceptable offer.”
Offerors who are currently registered at the System for Award Management (www.sam.gov) may initial here ___ and need not complete FAR Provision 52.212-3below. Proceed to page 27.
FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (MAR 2015)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.
(a) Definitions. As used in this provision -
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United
States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.
395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue
Code at 26 U.S.C. 7874.
"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except-
(1) FSC 5510, Lumber and Related Basic Wood Materials;
http://www.sam.gov/
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic
Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern-
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the
United States.
(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online
Representations and Certifications Application (ORCA) website.
(2) The offeror has completed the annual representations and certifications electronically via the
ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and
Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ________ (Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.)
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ___ is, ___ is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ___ is, ___ is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.)
The offeror represents as part of its offer that it ___ is, ___ is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ___ is, ___ is not a small disadvantaged business concern as defined in
13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is, ___ is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. (Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.) The offeror represents that-
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part
127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each
WOSB concern eligible under the WOSB Program participating in the joint venture.
[The offeror shall enter the name or names of the WOSB concern eligible under the
WOSB Program and other small businesses that are participating in the joint venture: ---
-------------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. (Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in
(c)(6) of this provision.) The offeror represents that-
(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part
127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each
EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ____________________
(10) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price
Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small
Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)
(i) General. The offeror represents that either-
(A) It ___ is, ___ is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR
Dynamic Small Business Search database maintained by the Small Business
Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);
or
(B) It ___ has, ___ has not submitted a completed application to the Small
Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.
(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged
Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:
(11) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It ____ is, ____ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It ____ is, ____ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246-
(1) Previous contracts and compliance. The offeror represents that-
(i) It ___ has, ___ has not participated in a previous contract or subcontract subject to the
Equal Opportunity clause of this solicitation; and
(ii) It ___ has, ___ has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that-
(i) It ___ has developed and has on file, ___ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It ___ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)
52.225-1, Buy American Act-Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United
States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies."
(2) Foreign End Products:
Line Item No. Country of Origin
(List as necessary)
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR
Part 25.
(g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf
(COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy
American Act-Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act - Free Trade Agreements - Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United
States that do not qualify as domestic end products, i.e., an end product that is not a
COTS item and does not meet the component test in paragraph (2) of the definition of
"domestic end product."
Other Foreign End Products
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American Act - Free Trade Agreements - Israeli Trade Act Certificate, Alternate I. If
Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act - Free Trade
Agreements - Israeli Trade Act":
Canadian End Products:
(3) Buy American Act - Free Trade Agreements - Israeli Trade Act Certificate, Alternate II. If
Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or
Israeli end products as defined in the clause of this solicitation entitled "Buy American
Act - Free Trade Agreements - Israeli Trade Act":
Canadian or Israeli End Products:
(4) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If
Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or
Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies…
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