DTMA91R1600045-OWS_RFP.pdf

DTMA91R1600045

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 27

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

MMAPR530216004708/30/2016

X

00091

U.S. DOT/ Maritime Administration Office of Acquisition MAR-380

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

WASHINGTON DC 20590-0001

1 1000 ET 09/23/2016

Lachelle P. Johnson 202 lachelle.johnson@dot.gov

366-2660

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

Lachelle P. Johnson

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

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

DTMA91R1600045

(A) (B) (C) (D) (E) (F)

Delivery: 180 Days After Award

Delivery Location Code: 00095

U.S Merchant Marine Academy

U.S. DOT/Maritime Administration

300 Steamboat Road

Kings Point NY 11024-1699 USA

FOB: Destination

0001 Procure and Install an Oily Water Separator (OWS) 1 EA

System Training Station in accordance with the attached Statement of Objectives (SOO)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

TABLE OF CONTENTS:

Listing of Incorporated Purchase Requisitions

Section B - Supplies or Services and Prices/Costs Section C - Description/Specifications/Work Statement Section D - Packaging and Marking Section E - Inspection and Acceptance Terms Section F - Delivery or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits, and other Attachments Section K - Representations, Certifications, and Other Statements of Offerors Section L - Instructions, Conditions and Notices to Offerors Section M - Evaluation Factors for Award

Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

MMAPR5302160047

Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit Price

0001 Purchase of Oily Water Separator 1EA

0002 Custom Installation of Oily Water Separator

1EA

Contract Type: Firm Fixed Price

Total Price

Description: The desired outcome of this contract is to have a fully functional flocculent type Oily Water Separator (OWS) system operating in the engineering laboratory at U.S. Merchant Marine Academy to train midshipmen.

Purchase Requisition MMAPR5302160047

Section C - Description/Specifications/Work Statement

C.1 GENERAL REQUIREMENTS

The U.S. Department of Transportation, Maritime Administration, U.S. Merchant Marine Academy (USMMA) is in need of the purchase and custom installation of an Oily Water Simulator in the Engineering Laboratory. The purpose of the Oily Water Simulator lab is to train Engineering Midshipmen in the function, operation, and maintenance of a typical flocculent type OWS system commonly found on large merchant vessels. This training is required by the U.S. Coast Guard to satisfy the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) assessments in order to obtain a Third Assistant Engineers License. Obtaining this license is a requirement to graduate from USMMA.

The desired outcome of this contract is to have a fully functional flocculent type OWS system operating in the engineering laboratory to train midshipmen.

(a) Scope: USMMA is seeking a potential contractor who possesses the experience, knowledge and ability to propose the best solution for the design, selection, procurement, installation, and testing all of the components and utilities necessary to create a custom flocculent type OWS system.

Section D - Packaging and Marking

D.1 PACKAGING AND MARKING

Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with standard commercial shipping practices.

(a) Contract Number/Purchase Order Number

(b) Package number, description and quantity of items contained therein

(c) COR's name and telephone number

(d) Room number

(e) Contractor's name

D.2 SAFETY

State "Right to Know" laws and 29 CFR 1910.1200, Employee Hazard Communication Program, require manufacturers, importers and suppliers to label containers of toxic substances or hazardous chemicals with the chemical name and appropriate hazard warning and to provide Safety Data Sheets (SDS) for these substances. Hazard Material Information System (HMIS) data shall be provided, as required, on all packaging. Materials not meeting this requirement will not be accepted (off-loaded) by USMMA.

Section E - Inspection and Acceptance Terms

Clauses incorporated by reference

FAR Clause Reference Text 52.246-2 Inspection of Supplies – Fixed-Price (AUG 1996)

52.246-4 Inspection of Services – Fixed Price (AUG 1996)

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance of the supplies to be provided hereunder, shall be made by the USMMA appointed COR in accordance with the FAR clause 52.246-2 and 52.246-4, and will be performed unless otherwise necessary at the place of delivery.

E.2 QUALITY ASSURANCE

Unless otherwise specified in the contract, the Contractor is responsible for the performance of all inspection and testing requirements as stated in the specification.

Section F - Delivery or Performance

Line Item: 0001 and 0002

Delivery Date Delivery Address

To be proposed by the Contractor

USMMA- Engineering Laboratory 300 Steamboat Road

Kings Point, NY 11024

US

Article Number Reference Text 52.242-15 52.242-15 Stop-Work Order (AUG 1989)

52.247-35 52.247-35 F.o.b. Destination, within Consignee's Premises (APR 1984)

F.1 PLACE OF DELIVERY

Deliverables as required during the performance of the CLINS specified in Section B of this contract shall be delivered f.o.b.

destination within consignee's premises in accordance with Attachment A of this contract. The consignee for receipt of the deliverables is specified in Section G.2 below.

F.2 FEDERAL HOLIDAYS

(a) U.S. DOT observes the federal holidays that are listed on the Office of Personnel website at:

https://www.opm.gov/fedhol/.

F.3 GURANTEED FINAL REPORT/SAMPLES

If this contract is terminated prior to completion, the Contractor agrees to provide a full report including the work completed and the work that remains uncompleted in accordance with the proposed project plan and timeline proposed.

During the life of the contract, the contractor shall continuously reserve sufficient funds from the amount allotted to guarantee the preparation and delivery of the fully functional Oily Water Separator

Section G - Contract Administration Data

OFFICE OF ACQUISITION

LaChelle Johnson

Contracting Officer U.S. Merchant Marine Academy

1200 New Jersey Avenue, SE W26-420 Washington DC 20590 Phone: 202-366-2660 Fax: Correspondence via fax will not be accepted

Email: LaChelle.Johnson@dot.gov https://www.opm.gov/fedhol/ mailto:Email:

COR Office Address U.S. Merchant Marine Academy

Marine Engineering Steam Laboratory Fulton Hall 300 Steamboat Road

Kings Point, NY 11024 POC: Richard Crook Email: crookr@usmma.edu

Issuing Office Address LaChelle Johnson

Contracting Officer U.S. Merchant Marine Academy

1200 New Jersey Avenue, SE

W26-420 Washington DC 20590 mailto:Yajaira.Sierra-Sastre@bep.gov mailto:crookr@usmma.edu mailto:Email:

G.1 CONTRACTING OFFICER’S REPRESENTATIVE (COR) Appointment and Authority

(a) The COR is TBD.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in FAR clause 52.212-4(c);

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(End of clause)

FAR 52.223-33 Payment by Electronic Funds Transfer central Contractor registration (May 1999) is included in this solicitation/contract. All

Contractor payments will be made by EFT unless accepted or otherwise determined by the paying office designated in the contract.

INVOICE REQUIREMENTS:

Invoices can be mailed or submitted to the following address:

U.S. Mail

MARAD, A/P Branch AMZ-160

P.O. Box 2570

Oklahoma, OK 73125

FEDEX

MARAD A/P Branch, AMZ

6500 S. MACARTHUR BLVD.

Oklahoma, City, OK 73169

In addition, all vendors will have the option to send invoices electronically. The invoices must be in PDF format. Vendors can submit electronic invoices in the following email address:

MARADInvoices@FAA.GOV

a. Invoices shall be submitted through Electronic Invoice System (EIS) and inform MARAD of the submittal to EIS

b. To constitute a proper invoice, the invoice must include the following information and/or documentation

(1) Name of the business concern (Note this name much match the name on the contract document exactly. If another name is used on the invoice such as a Doing Business As (DBA) the name on the contract document must also be listed on the invoice document). Invoices that does not contain the name on the contract will be rejected.

(2) Invoice date

(3) Contract Number, or other authorization for supplies delivered or services performed

(4) Description price and quantity of supplies and services actual delivered or rendered

(5) Shipping and payment terms

(6) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

(7) Other substantiating documentation or information as required by the contract.

Upon completion of the web-base system, invoices shall be available on-line. The on-line version of the invoice shall provide the ACO with the capability of approving in full or partial payments or rejecting invoices in total.

G.2 CONTRACT ADMINISTRATION OFFICE

(a) This contract will be administered by:

U.S. Department of Transportation/Maritime Administration

Office of Acquisition

1200 New Jersey Avenue, SE

Washington, DC 20590

(b) Written communication to the Contracting Officer (CO) shall make reference to the contract number.

Section H - Special Contract Requirements

H.1 TYPE OF CONTRACT

The government contemplates award of a Firm Fixed Price (FFP) contract.

H.2 INTERPRETATION OF CONTRACT REQUIREMENTS

No interpretation of any provision of this contract, including applicable specification(s)/work statement, shall be binding on the Government unless furnished or agreed to in writing by the CO.

H.3 SECURITY REQUIREMENTS

The U.S. Merchant Marine Academy’s facilities are considered to be secure government facilities; therefore visitors to USMMA must have a valid driver’s license and will check in with guards at the entrance gate.

The COR will notify the Contractor of any changes to the position sensitivity level for personnel performing under the contract. The COR will also coordinate with MARITIME ADMINISTRATION Security Division concerning any adjustments to the position sensitivity levels. If any adjustments are made the COR will notify the Contractor of the requirements thereof.

H.4 KEY PERSONNEL

(a) Contractor personnel authorized and approved to perform services under this contract are considered to be Key personnel and shall not be removed or replaced without the prior written approval of the CO.

(b) Should the Contractor need to remove or replace any individual from the contract (e.g., promotion, attrition, firing, long-term illness, death, etc.) they shall notify the COR and CO in writing immediately upon realizing that a change is imminent. The Contractor shall include in the written notification an explanation as to why the removal or replacement is necessary, including the name of the individual(s) being removed or replaced, the expected date the change is to occur, a plan for maintaining current support and/or a plan for transitioning support as well as any other important information.

(c) The resume(s) of the proposed replacement(s) and/or substitute(s) shall be submitted for COR and CO review and assessed. The proposed replacement's qualifications and experience shall be at least equal to those of the individual(s) being replaced.

(1) The CO will notify the Contractor upon completion of COR and CO review.

H.5 POST AWARD MEETING

At its discretion, the USMMA COR may schedule and conduct a post award meeting with the Contractor after contract award. The objectives of this meeting would be to; introduce key participants and explain their roles, review Deliverables, review the performance work statement and tasks to ensure a common understanding of the requirements and objectives, as well as other matters of importance and relevance. The day(s) and time(s) of any such meeting will be determined after contract award.

H.6 ORGANIZATIONAL CONFLICTS OF INTEREST

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer.

(e) In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must:

(1) Notify the Contracting Officer of a potential conflict, and;

(2) Recommend to the Government an alternate approach which would avoid the potential conflict, or

(3) Present for approval a conflict of interest mitigation plan that will:

(i) Describe in detail the changed requirement that creates the potential conflict of interest; and

(ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

(4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed.

(5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503.

H.7 CONTROL AND DISPOSAL OF HAZARDOUS CHEMICALS

The Contractor shall comply with the Occupational Safety and Health Administration (OSHA) regulations 29 CFR Parts 1910 and 1926. Attention is directed to the control of hazardous material, Section 1910.1200 of the OSHA regulations and the Environmental Protection Agency regulations concerning the disposal of hazardous waste [Solid Waste Disposal Act, as amended by the Resources Conservation Act of 1976, as amended (42 U.S.C. 6901 et seq.)].

H.8 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract or any Delivery order delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract or of a Delivery order, the Contractor shall immediately notify the CO and the COR, in writing. The notice shall give pertinent details, provided; however, that this data shall be informational only in character and that receipt thereof shall, in no event, be construed as a waiver by the Maritime Administration of any delivery schedule or date or of any rights or remedies provided by law or under this contract. The notice must be provided in no less than 30 days before the performance/delivery/completion date specified in the contract.

H.9 INDEMNIFICATION

(a) Responsibility for Government Property: The Contractor assumes full responsibility for and shall indemnify the Government against any and all losses or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repairs, or service to be performed under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

If due to the fault, negligent acts (whether of commission or omission) and/or dishonesty of the Contractor or its employees, any Government-owned or controlled property is lost or damaged as a result of the Contractor's performance of this contract, the Contractor shall be responsible to the Government for such loss or damage, and the Government, at its option, may in lieu of payment thereof, require the Contractor to replace at his own expense, all property lost or damaged.

(b) Hold Harmless and Indemnification Agreement: The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

(c) Government's Right of Recovery: Nothing in the above paragraphs shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provides for the indemnification of any loss or destruction of, or damages to property in the custody and care of the Contractor where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon the request of the Contracting Officer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

(d) Government Liability: The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

Section I - Contract Clauses

FAR Clause Reference Text 52.202-1 52.202-1 Definitions (NOV 2013)

52.203-3 52.203-3 Gratuities (APR 1984)

52.203-5 52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-6 52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006)

52.203-7 52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)

52.203-10 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-12 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.203-17 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)

52.204-4 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)

52.204-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015)

52.204-13 52.204-13 System for Award Management Maintenance (JUL 2013)

52.209-6 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013)

52.215-2 52.215-2 Audit and Records-Negotiation (OCT 2010)

52.215-8 52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997)

52.219-6 52.219-6 Notice of Small Business Set Aside (NOV 2011)

52.222-3 52.222-3 Convict Labor (June 2003)

52.222-19 52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2016)

52.222-21 52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 52.222-26 Equal Opportunity (APR 2015)

52.222-37 52.222-37 Employment Reports on Veterans(FEB 2016)

52.222-40 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-41 52.222-41 Service Contract Labor Standards (MAY 2014)

52.222-50 52.222-50 Combating Trafficking in Persons (MAR 2015)

52.223-15 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.223-18 52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011)

52.225-13 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

52.232-1 52.232-1 Payments (APR 1984)

52.232-11 52.232-11 Extras (APR 1984)

52.232-23 52.232-23 Assignment of Claims (MAY 2014)

52.232-25 52.232-25 Prompt Payment (JUL 2013)

52.232-33 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (JUL 2013)

52.232-39 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.233-1 52.233-1 Disputes (MAY 2014)

52.233-3 52.233-3 Protest after Award (AUG 1996)

52.233-4 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-3 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.242-13 52.242-13 Bankruptcy (JULY 1995)

52.243-1 52.243-1 Changes-Fixed Price (AUG 1987)

52.244-6 52.244-6 Subcontracts for Commercial Items (FEB 2016)

52.246-25 52.246-25 Limitation of Liability--Services (FEB 1997)

52.249-1 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

52.249-8 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.253-1 52.253-1 Computer Generated Forms (JAN 1991)

52.204-7 52.204-7 System for Award Management (JUL 2013)

Clauses incorporated by full text

52.222-35 52.222-35 Equal Opportunity for Veterans (JUL 2014)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of

$15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.243-7 Notification of Changes (APR 1984)

(a) Definitions."Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.

"Specifically Authorized Representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this paragraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within 5 (to be negotiated) calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state-

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including-

(i) What contract line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect oncontinued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated;

and

(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by paragraph (b) of this clause, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in paragraph (b) of this clause, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within 30 (to be negotiated) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either-

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor's notice information is inadequate to make a decision under paragraphs (d)(1), (2), or (3) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments.

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made-

(i) In the contract price or delivery schedule or both; and

(ii) In such other provisions of the contract as may be affected.

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in paragraphs (b) and (c) of this clause.

Note: The phrases "contract price" and "cost" wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.

1252.223-73 Seat belt use policies and programs (APR 2005)

In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this

Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section of NHTSA’s website at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in the Washington, D.C.

metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user friendly program kit, and an award for achieving the President’s goal of 90 percent seat belt use. NETS can be contacted at 1-888-221-0045 or visit its website at www.trafficsafety.org.

Section J - List of Documents, Exhibits, and other Attachments

J.1 LIST OF ATTACHMENTS

Identifier Title/Description

A Statement of Objectives http://www.nhtsa.dot.gov/ http://www.trafficsafety.org/

Section K - Representations, Certifications, and Other Statements of Offerors

52.204-19 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.225-25 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (DEC 2012)

52.204-8 52.204-8 Annual Representations and Certifications (DEC 2014) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541712.

(2) The small business size standard is 1000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

(iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause # Title Date Change

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 on SAM.

(End of provision)

52.219-1 Small Business Program Representations (OCT 2014)

(a) Definitions. As used in this provision-http://www.acquisition.gov/

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

"Service-disabled veteran-owned small business concern"-

(1) Means a small business concern-

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

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

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

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

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

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

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

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

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

"Veteran-owned small business concern" means a small business concern-

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

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

"Women-owned small business concern" means a small business concern-

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

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

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

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is- 541712.

(2) The small business size standard is 1000 employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(c) Representations.

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

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

(3) [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 o is, o is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB…